Selman v. Brown, Nunnally & Co.
Supreme Court of Georgia
Partnership. Promissory Notes. Before Judge Hutchins. Walton Superior Court. February Term, 1886. George C. Selman, as bearer, brought suit against Brown, Nunnally & Company on two promissory notes, signed in the firm name of the defendants, and payable to Malsby & Avery or bearer.
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Partnership. Promissory Notes. Before Judge Hutchins. Walton Superior Court. February Term, 1886. George C. Selman, as bearer, brought suit against Brown, Nunnally & Company on two promissory notes, signed in the firm name of the defendants, and payable to Malsby & Avery or bearer. D. H. Walker, one of the defendants, pleaded the general issue; that if any liability existed, it arose under an agreement by him, as trustee, with Nunnally, as administrator, and Brown; that such agreement did not authorize Brown to make debts which would bind either of the estates or Walker and himself…
1Opinion of the Court
Hall, Justice.
The court held in this case that a partner in a farming copartnership, could not bind the firm of which he was a member by giving in its name a negotiable promissory note, the consideration of which was supplies to be used in carrying on business which the association was formed to conduct; and for this reason alone, on the close of the plaintiff’s proof, the action was dismissed on defendants’ motion for a nonsuit. If this question had to be determined upon the principles of the common law, there would perhaps be little room to doubt the correctness of the conclusion reached by…
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